Art.100

Article 100 – Administrative Fines on Union Institutions, Bodies, Offices and Agencies

Penalties SME Relevant ~2 min read · 378 words

Article 100 establishes that EU institutions, bodies, offices and agencies are not exempt from AI Act penalties. Where an EU institution uses AI in ways that violate the Act, the European Data Protection Supervisor has the power to impose administrative fines. This article extends accountability for AI Act compliance to the EU’s own institutional apparatus.

✓ Low compliance impact for SMEs

WHAT THE ARTICLE IS ABOUT

EU institutions are also accountable under the AI Act

Article 100 closes a potential accountability gap by explicitly subjecting EU institutions, bodies, offices and agencies to administrative fines under the AI Act. The European Data Protection Supervisor acts as the enforcement authority for EU institutions, applying the same fine principles as national market surveillance authorities apply to private operators.

WHAT IT SAYS

European Data Protection Supervisor enforces, same principles as Article 99 apply

The European Data Protection Supervisor may impose administrative fines on Union institutions, bodies, offices and agencies for violations of the AI Act
The same fine tiers and principles as Article 99 apply — the EDPS uses the same framework of Tier 1, 2 and 3 violations
The EDPS must take into account whether the institution took immediate corrective action upon becoming aware of the violation
The EDPS must give the institution the opportunity to be heard before imposing any fine
Fine revenues go to the general budget of the Union
The EDPS reports annually on fines imposed on EU institutions under this article

WHO IS AFFECTED

EU institutions, bodies, offices and agencies using AI systems

European Commission, Parliament, Council, Court of Justice and other EU institutions
EU agencies such as Europol, Frontex, the EBA, ESMA and others
The European Data Protection Supervisor which enforces this article
EU staff and officials who may be personally responsible for violations

WHAT IT MEANS FOR SMES

Accountability without exemption — the Act applies to its own creators

This article has no direct compliance implications for SMEs
It is analytically significant: the fact that EU institutions themselves are subject to the Act’s penalty framework demonstrates that the Act is intended to apply universally rather than as a private sector regulation
If you engage with EU institutions in AI-related procurement or projects, this article means your institutional counterpart is itself subject to AI Act compliance obligations — a relevant due diligence consideration
The EDPS’s annual reporting on institutional fines will provide insight into how EU bodies are applying the Act internally — useful reference material for your own compliance benchmarking

Article 99 — Penalties (the framework this article applies to EU institutions)
Article 74 — Market surveillance (the equivalent national enforcement mechanism for private operators)
Article 64 — AI Office (itself an EU body subject to this article’s accountability framework)

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